Carter v. Sutherland

This is a suit for an alleged malicious *598prosecution of the plaintiff on a charge of assault and battery upon one Brown. In the circuit court the defendant had judgment.

It appears that the parties had had a controversy over the division of certain grain which plaintiff had raised on the land of defendant’s wife upon shares, and which plaintiff was then proposing to take away from the farm without dividing it. Brown was present with defendant and apparently in his interest, and he removed the whiffletrees from plaintiff’s wagon and started to go away with them. Plaintiff, according to…